Running your own business is a challenge but if it is done properly it will be an amazing achievement. In order to rip the benefits of your hard work, you will have to be a patient and very informed entrepreneur. You will need to read the rules and regulations that apply to your chosen business and implement them in it. Don’t worry if you don’t have a management degree as the internet now offers so many ideas, suggestions and advices on how to succeed. However, before you do anything, you will need to create a thorough business plan which will highlight your strengths and weaknesses and also your opportunities and threats or also known as the SWOT analysis. Let’s create an example SWOT analysis for a cleaning agency.
Every landlord would ask you for a security deposit when they rent you their property. This is for their piece of mind that in case you do damage to the property or leave without paying your bills they can at least cover some of the costs. At the end of every tenancy, this deposit has to be returned unless there are certain circumstances that will prevent that. Your landlord has to return your deposit within one month of the ended tenancy agreement. If they fail to do so and give you no reason for the delay, you can contact a lawyer to help you with the issue. Running your own business is a challenge but if it is done properly it will be an amazing achievement. In order to rip the benefits of your hard work, you will have to be a patient and very informed entrepreneur. You will need to read the rules and regulations that apply to your chosen business and implement them in it. Don’t worry if you don’t have a management degree as the internet now offers so many ideas, suggestions and advices on how to succeed. However, before you do anything, you will need to create a thorough business plan which will highlight your strengths and weaknesses and also your opportunities and threats or also known as the SWOT analysis. Let’s create an example SWOT analysis for a cleaning agency. How to get your deposit back? At the beginning of every tenancy agreement, you have to make sure that you read every single letter from the contract you are signing and very carefully explore the terms and conditions for your security deposit. Most people presume that if they don’t break anything and pay their bills everything should be ok. Although that is partially true, there are many other conditions that you have to make sure you fulfil in order to get your money back. - End of tenancy cleaning Leaving the property clean at the end of your tenancy is the most common requirement in every tenancy contract. Usually I hire a cleaning company to do it for me when I move so I have more time for my packing and moving and I really don’t like cleaning. Hiring a professional company will guarantee you a spotless property and your landlord will like it. The cleaning agencies also give you a written statement for their services that you can present to your landlord. This is one sure way that you will pass the landlord’s inspection and get your money back. I recommend this End of tenancy cleaning company - Deductions from your deposit NB! Landlords shouldn’t deduct any money from your deposit for renovations that are classed as normal tear and wear! You should also not be charged for improvements that you have made as long as they are beneficial to the property. - Reasonable deductions What you have to always remember is that your security deposit belongs to you and unless the landlord has some serious complaints that you have caused them financial loss, they have to give you your money back at the end of the tenancy contract. Remember that it is the landlord that is responsible for giving your deposit back regardless of the fact that you may have dealt with a letting agency that collected the money for them. Some of the deductions that fall under the ‘’reasonable category’’ are:
In some cases, it may turn out that you have to pay some money towards damages. In that case, the landlord should give you the rest of the money back and show you receipts for the items that were replaced. In some cases the items might be replaced at a later date so an estimation of the cost is also acceptable. Some landlords, and believe me I know the type, might ask you to pay because you listened to loud music or had a loud party when it is written in the contract that you shouldn’t. Remember that this is totally ILLEGAL and the landlord can only charge for any financial loss that they have incurred. All fees for re-letting the property are your landlord’s responsibility unless you have just left the property without ending the tenancy agreement properly. - Prevent as many deductions as possible First and very important rule of every tenancy agreement is to take as many pictures as possible that will show the condition of the property when you have rented it. At the end of your contract you are supposed to give the property back in the same or better condition. You have to make sure that the property is tidy and clean and any small jobs that need doing are done. - Wear and tear deductions You need to be able to make a difference between wear and tear and damage. Landlords have no right to keep money for general wear and tear like faded couch, worn out carpet, etc. However, if you have burnt the couch with a cigarette or your cat has damaged your carpet then that is classed as damage and you will have to pay for it. Determining what is normal when we talk about wear and tear depends on many factors but amongst the main ones are the length of time you have lived in the property and the condition it was in when you rented it. - Damage deductions It is very tricky to determine the cost of a damage that you have done especially if the property is old and not everything is brand new. The landlord should only charge for replacement or repair of items that you have broken and they have researched what the price would be to replace the broken item with the exact same or to repair it. For example, if you have damaged an old TV, you should not be charged the price of a brand new one. - Owing rent Many tenants are under the impression that they can just not pay the last month’s rent and leave because the landlord has their deposit anyway. However, it doesn’t work like that. You have to remember that the security deposit is held in case there are any damages to the property or unpaid bills. That is why it usually takes 30 days to get your deposit back. If you just leave without paying your rent, then the landlord can simply take you to court to get their money back. You should also not withhold any rent as you have a contract signed and if you breach it, then you may end up in court and most likely it will cost you a lot. Even though everything seems pretty straight forward when it comes to tenancy agreements, sometimes you can do everything you are meant to do but your landlord can still keep your deposit and refuse to return it without giving you any acceptable reason. In these cases you can take them to court! Here are some steps that you can take in order to get your deposit back through the court. - Landlords are obliged to protect your deposit! All deposits that are given to landlords or letting agencies have to be protected under the deposit scheme for tenancies that is backed by the UK government. This law comes to force for tenancies dated April 6, 2007 or after and for all deposits that have been paid before that date but the tenancy was renewed on this date or after. However, not all landlords have to protect your deposit. To find out whether your deposit has to be protected, please visit http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_deposit_rights_checker. If it happens that your deposit falls under the unprotected deposits then check out this link to see what to do in such occasion and how to get your deposit back - http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_an_unprotected_tenancy_deposit_back. - Deposit is not protected before end of tenancy It can happen that your landlord hasn’t protected your deposit although they have to by law. In such cases you can go to court and the court will issue an order for the landlord to return the deposit. Sometimes there are penalties and therefore compensation for you that can be up to 3 times the value of the initial deposit. Usually the landlords that protect the deposits of their tenants have to notify you under which scheme the deposit is protected. Failure to do so can result in penalties for the landlord and compensation for the tenant. Sometimes, even though the landlord has complied and fulfilled their obligations, you may not receive information because of a trivial postal failure or misspelt name. So before you take any action against your landlord, check all the facts. You also have to be careful when you go to court as if you have missed any payments or have breached your contract the court may decide that the landlord has full right to keep your deposit. - Ask for your deposit to be returned to you If your tenancy has ended and your landlord confirmed everything is in order, they have to give your deposit back within 10 - 30 days. If they fail to do so, you have the right to ask for your money. Remember to be polite and keep the good tone of voice and give the landlord 14 days to act on your request before you take any other measures. If you are unsure of what to put in the letter, browse the internet for sample letters. So, in case you have troubles getting your deposit back, here are the actions that you should take. Follow the order for best results! 1. Collect all relevant information Make sure that you have all evidence needed for your case:
2. Send your landlord a letter informing them of possible court action against them Depending on your tenancy agreement, your landlord has 10 to 30 days to return your deposit. In most cases it is 30 days but some people manage to negotiate 10. So when the time stated in your contract has passed, you have all rights to send a letter in which you notify the landlord for possible court action. Again, if you are unsure what to write, check out samples on the internet that can help you. Showing your landlord that you are very serious about getting your money back may convince them to return the deposit rather than face legal action against them. 3. Make sure that the court is the best option for your case Although the court is the place where you can solve your whole tenancy drama, you have to make sure that the person you take to court has the money to pay your deposit back and any penalties. There is no point taking to court a bankrupt landlord who will never be able to give you any money back as it will only cost you more than you would have probably lost. Also, you have to make sure that when you go to court, your landlord would not be able to make any claims against you. For example:
Sometimes landlords will actually exaggerate their losses so they get more money from you. 4. Apply to the court for your deposit to be returned When you have done everything required by the law to do to get your deposit back and your landlord has failed to refund your deposit for one reason or another, then you have the right to go to court and ask them to request your money back and compensate you for all your troubles. The procedures for these claims are usually short and straight forward. Remember that when you go to the ‘’small claims’’ court, you should go yourself and not send a representative because you will not be able to claim for their expenses. Make sure your claim is addressed to the ‘’small claims’’ court because in any other case there is a risk that you may have to pay the solicitor fees for your landlord. The amount you should claim for has to be carefully checked and double checked before you go to court. Make sure that you have carefully calculated any necessary deductions and you claim for the remaining balance. Landlords To apply you can use Form N208. There are guidance notes on form Form 208A that will help you to fill it in properly. The county court in your locality will also have court forms that you can use. |
Useful linksAuthorMy name is Jessica Lawrence and I am a student living in London, UK. Being a student certainly isn’t easy but most of the time is a lot of fun. more
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